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2002 - 05-20-02 Regular Meeting
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2002 - 05-20-02 Regular Meeting
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Board of Commissioners
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e~cF 87 G 2 <br />ccc,t <br />If any action or proceeding is commenced for the condemnation of <br />the Premises or any portion thereof, or if Landlord is advised in writing by any <br />government (federal, state or local) agency or department or bureau thereof, or any entity <br />or body having the right or power of condemnation of its intention to condemn all or any <br />portion of the Premises at the time thereof, or if the Premises or any part or portion <br />thereof be condemned through such action, then and in any such events: (a) Landlord <br />may, without any obligation or liability to Tenant, and without affecting the validity or <br />existence of this Lease other than as hereafter expressly provided, agree to sell and/or <br />convey to the condemnor, without first requiring that any action or proceeding be <br />instituted, or if such action or proceeding shall have been instituted, without requiring <br />any trial or hearing thereof, and Landlord is expressly empowered to stipulate to <br />judgment therein, the part and portion of the Premises sought by the condemnor, free <br />from this Lease and the rights of Tenant hereunder; (b) Tenant shall have no claim <br />against Landlord nor be entitled to any part or portion of the amount that may be paid or <br />awarded as a result of the sale, for the reasons as aforesaid, or condemnation of the <br />Premises or any part or portion thereof. Tenant is hereby assigning, transferring and <br />setting over to Landlord any interest, if any, which Tenant would, but for this provision, <br />have in, to, upon or against the Premises or any part or portion thereof, or the amount <br />agreed to be paid and/or awarded and paid to Landlord, excepting only Tenant shall be <br />entitled to seek to recover as against the condemnor, and the Landlord shall have no <br />claim for or thereto, for Tenant's trade fixtures and any removable structures and <br />improvements erected and made by Tenant to or upon the Premises which Tenant is <br />entitled to remove at the expiration of this Lease. <br />If only a part of the Premises is condemned and taken and the <br />remaining portion thereof is not suitable for purposes for which Tenant has leased said <br />Premises, either Landlord or Tenant shall have the option to terminate this Lease at the <br />time of such taking. If by such condemnation and taking only a part of the Premises is <br />taken, and the remaining part thereof is suitable for the purposes for which Tenant has <br />leased said Premises, this Lease shall continue, but the rental shall be reduced in an <br />amount proportionate to the percentage that the floor area of that portion of the Premises <br />taken by eminent domain bears to the floor area of the entire Premise. <br />18. TERMINATION. Since the Tenant is a corporation, upon the happening <br />of any of the following events, this Lease may be terminated by Landlord on thirty (30) <br />day's prior written notice to Tenant of Landlord's intent to terminate the Lease: <br />(a) The merger or consolidation of such corporation into or with <br />another; <br />(b) The sale, exchange, or other disposition of the majority of the <br />outstanding stock of such corporation resulting in a loss of control thereof by such party <br />who is a majority stockholder upon the date of the execution hereof. <br />19. ABBREVIATED TERM. Notwithstanding the Lease term and payments <br />provided for in paragraphs 2 and 3 above, should Tenant be rendered unable to continue <br />the business of providing emergency and non-emergency medical services within Lee <br />12 <br />
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